Indian Removal Act: The Genocide of Native Americans

a picture of a Native American headdress
Native American Headdress. Source: Chris Parfitt, Creative Commons.

Genocide is the systematic destruction of peoples based on ethnicity, religion, nationality, or race. It is the culmination of human rights violations. There are numerous examples of genocide throughout history, some being more infamous than others. For example, Hitler and the Jewish Holocaust is probably the most well-known case of genocide in modern history. There are other cases that are not as well known, especially in our American culture where, historically, we tend to focus on the atrocities of others and ignore our own. One such case is Native American genocide by European colonists, and later, the United States government. The purpose of this blog is to objectively examine a few of cases of genocide against Native American peoples, by European settlers and the United States government, and understand why they occurred.

Thanksgiving, a traditional holiday in the United States, would not have been possible without the Algonquian tribes that befriended early English and Dutch settlers in the New World. In fact, many early 17th century European settlers died, in the first few years of colonization, due to starvation and disease. Turkey, pumpkin and Indian corn are three traditional foods of Thanksgiving were actually introduced to the Pilgrims by the Algonquians. Initially, some of these foods were foreign to the struggling European colonists. However, over the course of several years, the colonists learned how to survive in their new environment with the help of their Native American neighbors. The first Thanksgiving was a three-day harvest festival, with ninety-one “savages” in attendance, who gifted the Pilgrims with five freshly killed deer, as their contribution to the festivities. The Pilgrims were impressed with the deer, one noting that it would have taken them (the colonists) a week to hunt five deer, yet the “savages” accomplished this in one day (Heath 82). The Pilgrims viewed their Native American neighbors as “savages” due to ethnocentrism and a worldview based on natural law, or a natural hierarchy based on God’s design. This hierarchy is a Eurocentric philosophy placing the white man as superior and other races, such as, Black, Asian and Native American as inferior.

Source: Mike Licht, Creative Commons

In the following years, as the alliance between the colonists at Plymouth and their Native American neighbors grew, social conflicts began to erupt. The death of Captain John Stone was the first misunderstanding between the Pequot, a neighboring tribe, and the Puritans. There was a failure in justice, as the Puritans saw it, as they wanted the Pequot responsible for Jones’ death to face English law, rather than allow the Pequot to administer justice themselves. Also, one must take into account how the Pequot were viewed by the Puritans  as “savages”. This affected how the Puritans interpreted the actions of the Pequot and their place in God’s plan. These views were first reinforced through ignorance of medical knowledge. The pandemic of 1617-1619 killed many Puritans as well as Native Americans, and served to reinforce a worldview based on religious mysticism rather than objective knowledge. Neither the Puritans nor the Native Americans understood how disease was transmitted. This lack of knowledge made it difficult to comprehend their susceptibility, due to a compromised immune system, to foreign microorganisms. The Puritans being affected by the New World microorganisms and the Indians succumbing to European microorganisms brought by the colonists fostered distrust, accusation, and death (Cave 15).

The Puritan worldview consisted of two parties: God’s party being white; Satan’s party being dark, heathen and doomed.  The New World was a spiritual battleground, and it is amazing that peace lasted as long as it did, with war being the primary vehicle of God’s deliverance and justice, in the Puritan mind. In short, the Pequot War was a war of misunderstandings and natural law, in which the Puritans were righteous and justified, while the Pequot were heathens, soldiers of Satan, and inhuman (Cave 18). The Pequot War lasted almost a year, from 1636 to 1637, with both parties being experienced warriors. In the end, the Pequot were defeated and this relatively short, small-scale conflict served to justify the killing of Native Americans by creating an image of untrustworthy savages that were plotting to destroy those doing God’s work in the New World. This became the bedrock of American frontier mythology (Cave 168).

The Pequot were not the last Native American tribe in New England to suffer what the Puritans believed to be divine mandated justice. The Narragansetts and the Wampanoags, once friends of the English in the early 17th century, both discovered, before the end of that century, that the Puritan conception of God’s providential plan for New England left no room to assert Native American autonomy. Such assertions were an offense to the Puritan sense of mission. As the population ratio between the English and the Native Americans in New England shifted in favor of the English, the Puritans authorities became increasingly overbearing in their dealings with their Native American counterparts. Puritan Indian policy, from its inception, was driven by the conviction that if Puritans remained faithful to their covenant with God, they were destined to replace the Indians as masters of New England. By the end of the 17th century, economic changes, such as the declining importance of the fur trade and the expansion of English agriculture and industry, effectively reduced the need for Indian commerce, further jeopardizing the status of Native American communities in New England (Cave 174).

The intolerance of Indian cultures reflected essential elements of the Puritan worldview as a struggle between heathen savagery and Christian civilization. Puritan ideology was founded on three premises, which later translated into vital elements of the mythology of the American West. The first was the image of the Native American as primitive, dark and of evil intent. The second was the portrayal of the Indian fighter as an agent of God and of progress, redeeming the land through righteous violence. And finally, the justification of the expropriation of Indian resources and the extinction of Indian sovereignty as security measures necessitated by their presumed savagery (Cave 176).

By the 19th century, this mythology began to reflect itself within Unites States governmental policy, during the presidency of Andrew Jackson. The United States went through a major reorientation in race relations during this time. The growing abolition movement led the way to the sectionalism of the Civil War and the consequent emancipation of the slaves. This dramatic transformation in racial policy did not include the Native American tribes of the Southeastern United States (Cherokees, Creeks, Choctaws, Chickasaws and Seminoles), who were considered “the most civilized tribes in America” because of their adoption of the agricultural system of their white neighbors, including the institution of black chattel slavery (McLoughlin xii). By 1838, the Cherokees were forcibly expelled from their ancestral homeland and relocated to the Oklahoma territory, by way of what is now known as the Trail of Tears. The Cherokee tried to prevent this and maintain their sovereign “nation” by adopting a constitution, based on that of the United States, to govern their own land under laws and elected officials. At the same time, the sovereign state of Georgia was attempting to abolish the Cherokee Nation and incorporate the Cherokee under their own laws. Andrew Jackson became president in 1828 and one of his first priorities was to resolve this issue.

Jackson, being a slave owner and a renowned Indian fighter of the Western frontier, sided with Georgia, supporting states’ rights to supersede treaty rights. The issue was brought before the Supreme Court twice, once in 1831 in Cherokee Nation vs. Georgia and again in 1832 in Worchester vs. Georgia. Chief Justice John Marshall described the Cherokees as “a domestic, dependent nation” and he proclaimed the unconstitutionality of Georgia’s laws, asserting that federal authority overruled states’ rights regarding Indian treaties. However, Jackson had already persuaded Congress to pass the Indian Removal Act in 1830 that made it virtually impossible for any eastern tribe to escape ceding its land and moving to “Indian territory”, west of the Mississippi River (McLoughlin 2). It is worth noting that, in modern times, these acts would be violations of U.N. Charter, Article 1.2 which asserts, “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace”.

Source: John Perry, Creative Commons

Thus, in 1838, the Cherokee were forced from their land and “escorted” west. The trip was estimated to take eighty days, but some of the contingents took almost twice as long due to inclement winter weather, unrelenting sickness because of exposure, and dangerous ice flows while crossing the Mississippi River. Before the Cherokee left on this epic trek, almost 1,500 had died from epidemics in the camps they were housed in; another 1600 died on the journey. As a result of their weakened condition, along with the absence of housing and food, many more died soon after reaching their destination. The United States government had guaranteed supplies for the Cherokee’s new home, for a year after their arrival, but rations were hired out to private contractors who made extra profits by providing less than they had agreed to supply. Oftentimes, what they did provide was rotten meat and moldy corn and flour (McLoughlin 7).

In current times, the Dakota Access Pipeline represents another affront to Native American sovereignty and further marginalization of Native American peoples; in this instance, the Sioux tribe located in Standing Rock, North Dakota. There are two primary issues the Sioux have against the pipeline: The pipeline will contaminate drinking water and damage sacred burial sites. Originally, the pipeline was designed to go through Bismarck, North Dakota but was rejected by the citizens there because they didn’t want to risk contaminating their drinking water. The ensuing Standing Rock protests that took place, after the pipeline was redirected through Sioux land, arguing they deserve the same rights and considerations as the citizens of Bismarck.

Throughout American history, the treatment of indigenous Native Americans has violated numerous articles of the United Nations Universal Declaration of Human Rights. These violations resulted in the loss of numerous Native American homelands, the Cherokee being only one example, and the genocide of numerous other smaller tribes since the beginning of European colonization. This is largely due to Eurocentric ideals, like the natural law of the Puritan worldview, which elevates the status of European peoples over that of indigenous, Native American peoples through a biased worldview. This mindset is so pervasive and powerful that it still prevails today, evidenced by modern films and television that paint Native American tribes as savage, ignorant and of ill intent toward the “white man”, and the policies of the current United States government. These governmental policies have resulted in the alienation and marginalization of Native American peoples throughout American history. These violations include the removal of Native Americans from their traditional homeland to reservations, oftentimes very far away from their ancestral lands, and in many cases, the genocide of Native American tribes altogether. The violations were masked in the form of “treaties” between indigenous tribes and the U.S. government, though these treaties were often a choice between the survival of a tribe or their complete and utter destruction. In short, the Native American tribes were never in a position, or held enough power, to ever guarantee a fair deal with the U.S. government in these negotiations. The result of this imbalance of power and lack of respect manifested itself in the form of genocide and the loss of human rights, and their homelands, for many indigenous peoples of North America.

 

References:

Cave, A. A. (1996). The Pequot War. The University of Massachusetts Press.

Heath, D. B. (1963). A Journal of the Pilgrims at Plymouth. Corinth Books, Inc.

McLoughlin, W. G. (1993). After the Trail of Tears. The University of North Carolina Press.

TIBET: A 58 YEAR PROTEST

The nation and people of Tibet are hardly on anyone’s radar during most of the year because the atrocities here remain overshadowed by the happenings in other places like Syria or Sudan. Ven. Geshe Lhakdor, translator to His Holiness the Dalai Lama and directory of the library of Tibetan Works and Archives, lectured here last Tuesday. Using the Compassion in Exile DVD as the basis for this blog, I will shed light on the plight of Tibetans.

a picture of a Tibetan Lhasa man
Tibet – Lhasa. Source: Göran Höglund (Kartläsarn), Creative Commons.

The People’s Republic of China (PRC) has systematically eradicated the people of Tibet since 1950. The invasion of Tibet by the PRC army, under the guise of liberation, took place in 1950 because of its natural resources, wealth, and geopolitical high ground; an invasion meant the doubling the land mass for the Chinese empire. Sixteen year-old Tenzin Gyatso assumed leadership responsibility of the Tibetan people, culture, and traditions as the 14th Dalai Lama. For eight years, he attempted to protect the Tibetan identity. However, in 1959, the intimidation tactics and brute force of the Chinese, overtake the land and push the Tibetans–known for their peaceful and gentle nature–to flee to India.

His Holiness the 14th Dalai Lama is the spiritual leader and head of state of the Tibetan people. He is also a refugee. Living in exile in Dharamsala, India with millions of Tibetans desirous of the maintenance and preservation of their identity, he is the source of their hope. The flood of refugees continues into India where the people can practice religion, maintain culture, and glean from their cherished leader. A faithful followers says, “When His Holiness fled to India, it was as if the sun went down in Tibet… we were living in darkness.” His manner is one of humble laughter. His thoughts are on the consciousness; many believe he is the incarnation of compassion. He is a man seeking to fix thing. Tendzin Choegual, his younger brother, claims, “His Holiness has moral power, which the world used to have before but, right now it is overshadowed by political power. And whatever he does it is based on goodness of maximum number of human beings; so it’s based on altruism.” Michael C. Davis assigns peaceful resistors as a characteristic of the people and government. Tibetans, following the example of His Holiness, are nonviolent and compassionate people despite their oppressive struggle. He asserts the notion that many indigenous cultures, particularly Tibet, sustain periods of repression, resistance, and resilience as they pursue identity.

The PRC signed the UN Declaration on the Rights of Indigenous People (DRIPS) in 2007. Articles 1-3 of DRIPS guarantees autonomy, self-determination, and the right to enjoy all human and fundamental freedoms. Tibet has a government in exile. An exiled government possesses the power of governing and leading, but has no authority to legitimacy because there is no territory over which to govern. For more than 50 years, His Holiness the Dalai Lama symbolizes resistance to an authoritarian regime. This nonviolent protest spawned a “conspiracy of silence” that generated rejection of His Holiness the Dalai Lama as a political leader, for more than 30 years. The conspiracy of silence–fear of Chinese government backlash if/when recognizing the people, traditions, and culture of Tibetans—created a vacuum of turning a complicit blind-eye, allowing China to continue the human rights atrocities against the Tibetans. “Our only hope is to rely on the outside world, and people from free countries”, the Dalai Lama revealed.

US Foreign Policy has participated in the conspiracy of silence, yet a change seemed to arrive in the early 90s. During a 1991 visit to US Congress, the Dalai Lama pronounced, “Here I enjoy the freedom of speech, the freedom of thought, and the freedom of movement. When I was about 15, I lost that freedom”; freedoms identified within the Universal Declaration of Human Rights because they are universal, inalienable, and indivisible. Kent Wiedemann of US State Department Head of the China desk, stated, “Official US policy has consistently regarded Tibet as a part of China, although an autonomous region within China. We have no evidence at this point that the Chinese government is engaged in any policies or any actions aimed at wiping out the Tibetans, or in short, reflecting a policy of genocide, either against the Tibetan people themselves or against their culture.” When asked about self-determination for the Tibetan people, he stared blankly at the camera before smiling without an answer. No country possesses a policy of genocide. Genocide, as noted in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, is the deliberate killing of a large group of people, especially those of a particular ethnic group or nation. When reflecting on genocide, most people know of and point to Rwanda, Cambodia, and the Holocaust. The filmmakers attribute genocide to the behaviors of the Chinese towards the Tibetans, while the international community has not. Ellen Bork, in her 2012 article, “Will Washington Take a Stand”, questions Washington’s commitment to the plight of the Tibetans because of its relationship with China. She argues that the past is a representation of the future when it comes to the US’ failure to champion Tibet against China.

a picture of Tibetan monks
Monks. Source: Andrew Dyson, Creative Commons.

Rhoda Howard-Hassmann stresses there are three key contributing elements in the complex subject of human rights: criticism within the field, identity politics and their expression, and the volatile nature of violations as a precursor to genocide. First, criticism is located, specifically, in the habit of denying the universality, indivisibility, and interdependent nature of human rights. Second, identity politics, particularly in terms of a Western versus non-Western dichotomy, utilizes time as the unseen factor to frame the past, the present, and the future. Lastly, genocide is a byproduct of the symptomatic human rights violations, compounded by criticism and inadequate remembrance of time. The combination of these components permits the complication of Western and non-Western human rights discourse to fail in recognizing rights as universal. This failure, she contends, leads to habitual and unaccountable violations, that if unchecked, have the potential to manifest in genocide.

“Each time I talk of what I saw in Tibet, I have to be in tears.” – Jetsun Pema, the younger sister of His Holiness the Dalai Lama

Human rights violations began following the Dalai Lama’s visit with Chairman Mao Tse-tung in China, first in the form of religious prosecution. At 19, His Holiness argued for the fate of Tibet. Mao believed religion was poison and damage for the country, plaguing the population and potential material development. The Chinese sought to destroy religion through the destruction of monasteries, which were also schools and universities, libraries and hospitals. The goal was to abolish the depths of understanding that comes from training the mind. His Holiness affirms that Tibetan Buddhism is not simply about the religious aspect but the technique of training and settling the body and mind, as a method and tenet that can benefit humanity. One believer cries, “Although the Chinese say there is freedom of religion, they don’t allow us to practice our faith.” The practice of Tibetan Buddhism is safe outside of Tibet.

In the film, His Holiness cites two things–immeasurable human rights violations in the form of torture, beatings, and killings, and population transfer in the form of birth control—as most pressing for Tibetans. Imprisonment and torture is the judgment for Tibetans expressing a strong cultural identity. Rape is a weapon of intimidation against Tibetan women and girls, and sterilization as a means of forced birth control, including on women pregnant in their final trimester. Additionally, due to the decimation of monasteries, Tibetans parents, living in under occupation, often send their children over the Himalayas into India in order to have a chance at living in freedom and gaining an education. In an effort to continue cultural identity with a modern understanding of the world, school lectures consist of music, drama and philosophy, in addition to the rituals and religious ideals of Buddhism. It is a similar education path to His Holiness, who achieved his degree while leading a nation under occupation.

Tibetan prayer flags blowing in the wind
Les chevaux de vent. Source: So_P, Creative Commons.

Fang Lizhi in a 1991 speech remarked that Tibetan culture continues to survive because of the resilience of the people, and a mutual respect “between fair-minded people” on a personal level, though not on a political one. “Even though many Tibetans see the Hans as being responsible for the destruction of Tibetan culture and religion, mutual respect is still strong on a personal level… we all want democracy. We both need democracy and human right if we are to find a way to live together peacefully, but something more is needed.” He continues by explaining the positives and negatives of nationalism, stating that commonality is located in a true comprehension of nationalism. Negative nationalism is suppressive, extremist, and leads to distrust and hatred, while positive nationalism is cohesive, cooperative, and leads to dialogue.

To Davis, the window for dialogue is closing on the Chinese. In March 2008, Tibetan demonstrators and rioters “offered a middle way” in the form of Tibetan Memorandum that sought negotiation for the restoration of independence and autonomy. An uninterested China refused to come to the table, arguing, “Tibet has always been an inseparable part of China”. Bork points out self-immolations have brought attention to the plight of Tibetans, providing a measure of symbolic and unwavering commitment to the restoration of Tibet. “China’s policies have provoked rather than crushed Tibetan resistance”, she proclaims.

Masahide Tsujimura states when His Holiness retired from politics in 2011, a unique expression describing the unity of polity and compassion was coined. Chos srid zung ‘brel has several definitions but ultimately boils down to the duality of religion politics manifest through compassion and nonviolence. “To the Dalai Lama, nonviolence and compassion are synonymous… Compassion is one of the most important concepts of Buddhism as a ‘religion’…[he] considers that compassion is common to all religions, and that everyone can be compassionate because no one wants to suffer. Compassion is also a ‘secular’ concept that implies mutual tolerance and respect for all faiths, as well as for those of no faith.” Tina Lauer points out political activism among second-generation Tibetans is seemingly second nature, some seeing it as a means for both preserving culture and identity, and cultivating commonality. Additionally, unlike their parents or grandparents, many second-generationers respect the Dalai Lama as a man—a political peacemaker like Mandela or Gandhi, rather than a ‘god’. The nonviolent ethic of Tibetans challenges the international narrative of normative strategic power-grabs without compromising their personal integrity,religious beliefs, and cultural identity.

 

Additional Resources:

The Lost World of Tibet

A Civil Dialogue on Immigration: Recap

A Civil Dialogue on Immigration, our panel event co-hosted by the UAB Office of Diversity and Inclusion, took place on Monday, March 21. President Watts introduced the evening by acknowledging the diverse community of UAB and the criticism faced by leadership from students and the Birmingham community for the inaction following the executive orders on immigration. The goal of the panel discussions is provide a forum for dialogue as a means of gaining understanding and cultivating empathy. UAB is limited in taking political positions as a public university, yet moderator Suzanne Austin says that UAB, through this panel, wishes to “take a deeper dive into rights of specific populations, demonstrate support for international students, and listen to the concerns of the public.”

A woman at a protest in London holds a sign saying, "I stand with migrants."
“I stand with migrants. Anti-Trump protester in London’s Parliament Square,” by Alisdare Hickson on Flickr.

There are four panelists: Selvum Pillay, Khaula Hadeed, Catherine Crow, and Inocencio Chavez, selected to aid in shedding fact on the misconceptions and misunderstandings surrounding immigration. Pillay, an administrator and international former student from South Africa, begins the conversation. He came to America in October 2001, and faced significant racism created by backlash from the prior month’s infamous attacks. He was told to “go back to Afghanistan,” but today still believes in fostering peace through discussion and the sharing of opinions. Hadeed gives voice to the importance of shutting down misconceptions about immigrants, specifically those of the Muslim faith. She provides statistics about immigrant demographics, including that are majority Christian and most often from Mexico, India, and China. She concludes her introduction with a bold statement that “we will look back and say that these years changed the future, and we must not repeat the horrors of the past.” Crow, is a former immigration attorney, who currently works at UAB as the director of International Scholar & Student Services. She works closely with the international students and faculty at UAB. Chavez is Youth Organizer for Community Engagement and Education Program at The Hispanic Interest Coalition of Alabama. He states that immigration is a human right, particularly for safety. Immigration, he says, is also a benefit to society by diversifying thought and understanding; cities and countries with the most immigrants have been the best and most effective. Chavez says his personal aim is to help Deferred Action for Childhood Arrivals students obtain educational help through Hispanic Interest Coalition of Alabama scholarships and non-federal aid programs.

The floor opens for questions. The first audience questioner asks, “Is there a difference between current and past vetting programs?” Hadeed answers by saying that there isn’t substantial knowledge on the new vetting programs, but gives her experience on past vetting programs. She says that there is a two-year vetting process involving numerous levels of qualification checks, and individuals can be turned down for something as inconsequential as inconsistencies in paperwork. Others can go through the entire process, be approved, and yet still be denied entry under executive orders. Hadeed says that she has lived here for almost sixteen years, but only became a citizen last year. Her husband, on the other hand, has been here for even longer and is still waiting on his.

A ripped banner that says, "Legalizacion Ahora!" and then "Legalization Now!"
“International Workers Day march in Minneapolis” by Fibonacci Blue on Flickr.

An audience member asks for opinions on the forty arrests over the last weekend, and how to protect targeted people, to which Chavez responds, stating their rights were violated. ICE may not be targeting innocent people, but innocent undocumented people are undereducated on their rights and tend to get caught up in ICE raids that focus on other targets. Chavez emphasizes the need to educate all immigrants and U.S citizens on their rights to deny entry, the right to silence, and other rights that many may not be aware of.

The third question is, “As an elementary school teacher, what should we teach about immigration?’ All panelists answer this question and their answers vary, but center on acceptance and respect. Pillay answers initially and says that he believes that children should be taught respect for others through the Golden Rule, because respect is the biggest service individuals can do. Crowe adds that she believes inclusion of lonely and unpopular students should be emphasized in schools, because we carry those inclusive attitudes from childhood into civil society. Both Chavez and Hadeed speak on themes of equality though diversity, and acknowledging and celebrating the uniqueness of every student.

A young girl with her hands in the air and tongue stuck out in a silly expression sits beside a sign reading, "No human being is illegal!'
“Rally for immigrant rights,” by Alan Kotok on Flickr.

There are a series of written questions asked by moderator Suzanne Austin to the panelists. All three questions focus on inclusion of immigrants in the workplace, involving economic change, job “stealing,” and the combating of misinformation on this topic. Pillay answers first and quickly says that the question of job stealing is a non-starter, because the question answers itself. UAB has four-hundred nurse vacancies alone; there is a surprisingly large amount of jobs out there. In addition, most immigrants are not taking desirable jobs. Crow adds that getting a job is not an easy process for international students. For domestic students, you can simply walk into a place and find a job easily and quickly. For international students, it is a lengthy process involving many forms, references, and other steps that employers often do not want to deal with. In addition, international students only have a period of ninety days after graduation to find a job. Even in cases where that period is extended up to two years for STEM majors, that period is punctuated with evaluations from the university and constant contact with academic advisors. Additionally, obtaining a work visa is awarded on a lottery system, so there is no guarantee that you will be allowed to work. There are also a number of protections for federal appointments for international students involving a public notice saying that domestic applicants can come to challenge the appointment. In essence, Crow is saying that the steps to getting a job for international students are so intensive that it does not make sense to claim that they are ‘stealing our jobs.’ Chavez has the final response by sharing a personal story. He says that when he grew up in a rural area, he and his parents works in tomato and melon fields. Non-citizens were hired to do this grueling labor intentionally so that the owners could underpay them—sometimes as little as one dollar for hours of hard labor. This is not a job that non-citizens are stealing from the American people, because no one would do that work for so little money. Austin answers the last part of the question about misinformation and says that UAB is doing that through public forums like these.

Two signs are held high against a background of trees. The signs say "Immigrants right are women's rights" and "We are all immigrants."
“”Immigration Rights Are Women’s Rights” & “We Are All Immigrants” Signs At The May Day Immigration Rights Rally (Washington, DC)” by takomabiblot on Flickr.

The final question comes from a man who introduces himself as Ramirez who works for an accounting firm. He says that undocumented immigrants pay taxes into the system but never obtain the benefits that documented taxpayers do. Many do not want to file anymore for fear of arrest and deportation. Ramirez asks, “Will it hurt the economy if immigrants are too afraid to file their taxes? What can we do to minimize being taken advantage of by people who try to underpay us and violate our rights?” Chavez answers and says to do something. Be in local government, host rallies, and organize. He warns that you will face plenty of rejection, but even if you only reach a single person, your message still spreads.

This panel was particularly effective because it magnified the voices of people directly affected by the executive order on immigration. It allowed non-immigrants to more clearly understand the institutional barriers and societal struggles faced by both documented and undocumented immigrants. As a model for civic dialogue, panel discussions are a fantastic tool to spread awareness and challenge prejudice in a civil way.

 

Non-discrimination is a Fundamental Human Right

Protests at JFK Terminal 4 on January 28, 2017. Photo credit: Julia Symborski.
Protests at JFK Terminal 4 on January 28, 2017. Photo credit: Julia Symborski.

In light of recent actions from the White House banning immigration of Muslims of certain countries, including permanent residents and visa holders of the U.S., it is imperative that we speak about the right to non-discrimination.

Discrimination is one of the most common and most widespread human rights violations. It is multifaceted and present at all levels of public governance and in civil society. It affects all parts of people’s lives, including politics, education, employment, social and medical services, housing, the penitentiary system, law enforcement, and the administration of justice in general. It can be open and clearly visible (e.g., ingrained in a state’s institution or laws), or it can be implicit and form part of structural violence (e.g., discrimination against people living in poverty). While no general definition of discrimination exists in international law, we usually consider discrimination to mean any distinction, exclusion, restriction or preference which is based on specific characteristics of an individual and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights or freedoms.

Non-discrimination is thus one of the most fundamental principles of human rights. The very essence of human rights – rights that are inherent to all human beings, inalienable equally applicable to everyone, at all times, everywhere, and in all situations – is embodied in non-discrimination, which gives voice to the equality of all human beings. The Universal Declaration of Human Rights covers non-discrimination in Article 2:

“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Essentially, non-discrimination is the right to be treated equally before the law and in all aspects of life. It guarantees that equal circumstances are dealt with equally in law and practice. However, not all cases of unequal treatment are automatically discrimination. For example, affirmative action on behalf of marginalized groups to establish equality in fact is permissible. A violation of non-discrimination clauses would arise if similar cases are treated differently, if there is no reasonable or objective justification for different treatment, or if the means used are not proportional to the aim sought.

Today, this fundamental principle is embedded in all major international human rights treaties, some of which specifically focus on non-discrimination (e.g., the Convention on the Elimination of All Forms of Racial Discrimination or the Convention on the Elimination of Discrimination Against Women). There have been efforts to expand non-discrimination beyond the traditionally covered characteristics to include, for example, persons with disabilities or the LBTQ+ community. However, non-discrimination was not always a principle of international law. It was only after WWII, which exhibited the consequences of deliberate, systematic discrimination, persecution, and mass murder of specific groups in the most horrific way, that the principle of non-discrimination fully entered the realm of international politics and law.

Picture of flags and street leading up to the United Nations Palais des Nations in Geneva.
The United Nations Human Rights Bodies are located in the Palais des Nations in Geneva, Switzerland. Source: cometstarmoon, Creative Commons

In the U.S., non-discrimination is included in the 5th Amendment (Due Process Clause) and 14th Amendment, which provides in its Equal Protection clause that states may not “deny to any person within its jurisdiction the equal protection of the laws.” Nevertheless, we all know that discrimination, racism, and xenophobia have a long history in the U.S. The legacy of slavery and Jim Crow laws continue today in institutionalized racism and segregation along socio-economic lines. Similarly, xenophobia and the barring of immigrants based on their country of origin has been common practice. In 1924, Congress enacted laws that banned Asians from immigrating into the United States and established “national origins quota” that favored Western Europeans and discriminated against Eastern Europeans, Asians, and Africans. This practice was abandoned officially only in 1965 with the enactment of the Immigration and Nationality Act, which states that no one can be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.” Note that religion is not mentioned in this list and that this law only applies to immigrants, namely people who intend to stay in the U.S. permanently, not temporary visitors such as refugees, students, tourists, or guest workers. This law was designed not only to protect immigrants, but also American citizens who have the right to sponsor their family members or marry a foreigner without discrimination.

President Trump’s executive order, which suspends the entry of all refugees for 120 days, barres Syrian refugees indefinitely, and temporarily freezes immigration from seven mostly Muslim countries, thus most likely not only violates U.S. laws, but also fundamental principles of human rights, esp. the right to non-discrimination. It also stands in opposition of core values of U.S. culture, which includes a history of welcoming immigrants and a philosophy of humanitarianism. While the ruling by a federal judge last night partially blocks the President’s actions, it only prevents the government from deporting those who have already arrived at U.S. airports. It does not allow them to enter the country or discuss the constitutionality of the President’s order.

Victims of war and violence have been victimized yet again.  The heart-wrenching stories and pictures of families torn apart, of students seeing their dreams shattered, and of professionals’ fearing for their livelihoods will probably become a common sight if the implementation of President Tump’s executive order continues. The chaos and outrage worldwide are likely to persist, with grave and long term consequences for the U.S., for its reputation in the world, and the values that it stands for.

It is important in these times that we are well informed about our human rights and those of others. We will update this post as more information becomes available.

Refugees Crisis: Who are refugees and who should help them?

I can remember a few years ago, after hurricane Katrina hit Louisiana, the term ‘refugee’ was used to describe victims in New Orleans. Civil rights activists in America were noticeably upset because of the negative connotation and mental image generated with the use of the term. Rev. Al Sharpton, in an NPR interview shortly after hurricane Katrina, commented, “They are not refugees wandering somewhere looking for charity. They are victims of neglect and a situation they should have never been put in in the first place.” Could the same thing be said for people fleeing persecution, civil war, and conflict?

When you hear the word refugee what image comes to mind? According to the United Nations High Commissioner for Refugees (UNHCR), refugees are people fleeing conflict or persecution. They are defined and protected in international law, and must not be expelled or returned to situations where their life and freedom are at risk. The agency established the Convention Related to the Status of Refugees in 1951 to aid the more than 1 million people who were still displaced from World War II.

Photo taken by Charles Coleman
Zabia and Firas Attar. Photo taken by Charles Coleman

The increase in conflicts and civil wars in Africa and the Mediterranean have created a refugee crisis that is threatening international security. We have to ask ourselves, “who are refugees and who is responsible to care for the millions of people who are fleeing imminent danger”? Today, refugees around the globe number more than 20 million people. According to data compiled by UNHCR, half of these refugees hail from 3 states: Somalia, Afghanistan, and Syria. The number of refugees continues to grow. This crisis has created an atmosphere whereby countless human rights violations occur on a daily basis; however, policymakers and politicians seem to focus on the affects the numbers of people will have on their population, rather than on the wellbeing of those seeking asylum or refugee status. On November 16, Dr. Tina Kempin Reuter led a panel discussion that provided faculty and students with an opportunity to hear from experts who have intimate knowledge of this global crisis, including two personal testimonies, in an effort to bring understanding and ensure clear background information on the refugee crisis in the Mediterranean is communicated.

Zabia and Firas Attar are siblings and Syrian refugees living in Birmingham. They shared their harrowing story of escape from Syria, and their  elation at arriving to safety  in America.  Elation turned to fear  when  calls from Governor Bentley and other state officials who believe that an influx of refugees would threaten Alabama residents. Refugees are not in America to destroy our way of life. They are hard working individuals who want the same things that you and I want— to live in peace and provide for our families.

Panelists. Photo by Charles Coleman.
Photo by Charles Coleman.

Catherine Philips Crowe, director of UAB International Student and Scholar Services, Dr. Serena Simoni, associate professor of political science at Samford University, and Dr. Abidin Yildirim. associate professor, UAB School of Engineering presented insights on how the refugees in the Mediterranean from countries like Somalia, Afghanistan and Syria, are impacting the populations of Italy, Germany, Australia and the United States. As an international community, it is understood that the responsibility to protect people of every state from harm when their country is unwilling or unable to do so belongs to all of us. While images of refugees such as Omran Daqneesh litter the Internet, you or me could have been born into a similar situation.